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HomeMy WebLinkAboutBOARD MINUTES 10-17-85 22 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 17, 1985 The Di strict Board of the Central Contra Costa Sanitary Di strict convened in a regul ar meeti ng at its regul ar pl ace of meeti ng, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m. on October 17, 1985. In the absence of President Boneysteele, President Pro Tem Carlson called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: ABSENT: Members: Carlson, Dalton, Schmidt, Clausen Members: Boneysteele President Boneysteele had previously indicated that he would be unable to attend this meeting and requested that he be excused. II. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF OCTOBER 3,1985 It was moved by Member Dalton and seconded by Member Schmidt, that the minutes of October 3, 1985, be approved with the following correction: Under Item XII. CLOSED SESSION, 3. REAL PROPERTY NEGOTIATIONS, in the second paragraph the words "reverting rights" were changed to read "reversion rights." There being no objection, the motion was approved with President Boneysteele being absent. III. EXPENDITURES 1. EXPENDITURE LIST DATED OCTOBER 17,1985 Member Dalton, member of the Budget and Finance Committee, stated he and Member Schmidt have reviewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by Member Schmidt, that the Expenditure List dated October 17, 1985, incl uding Running Expense Warrant Nos. 22146-22419 and Sewer Construction Warrant Nos. 3242-3267, be approved as presented. There being no objection, the motion was approved with President Boneysteele being absent. IV. HEARINGS 1. CONDUCT PUBLIC HEARING, CONSIDER ADOPTION OF NEGATIVE DECLARATION, AND CONSIDER APPROVAL OF THE SOUTHERN PACIFIC TRANSPORTATION COMPANY RAILROAD'S RIGHT-OF-WAY ACQUISITION President Pro Tem Carlson indicated the purpose of this public hearing is to receive public comment regarding the adoption of the Negative Declaration for the Southern Pacific Transportation Company Railroad's Right-of-Way Acquisition. Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. Robert A. Baker, Deputy Chief Engineer, who stated that in compliance with the California Environmental Quality Act (CEQA) requirements, District staff has solicited comments and caused the required legal notices to be published. Mr. Baker than provided a brief overview of the project referencing the Initial Study prepared by ESA Planning and Environmental Services. President Pro Tem Carlson declared the public hearing open at the hour of 7:35 p.m. and acknowledged receipt of correspondence from the city of San Ramon and the city of Danville, copies of which were included in the Initial Study and Negative Declaration. , . 1 0 ~'~~1 t '~8'5 23 There being no other correspondence or comments from members of the public, President Pro Tem Carlson declared the public hearing closed. Following deliberation, it was moved by Member Dalton and seconded by Member Schmidt, that the Negative Declaration for the Southern Pacific Transportation Company Railroad's Right-of-Way Acquisition be adopted (Resolution No. 85-112) and that the acquisition project be approved (Resolution No. 85-113). Motion approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen NOES: ABSENT: Members: None Members: Boneysteele v. CONSENT CALENDAR It was moved by Member Dalton and seconded by Member Clausen, that the Consent Calendar, consisting of five items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resol ution No. 85-114 accepting an easement at no cost to the District from G. CHARRON, et ux - Pleasant Hill area (Job 3948 - Parcel 2) was adopted. Motion approved on the following vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen NOES: Members: None ABSENT: Members: Boneysteele 2. Resolution No. 85-115 accepting an easement at not cost to the District from C. G. STEVENS, et ux - Danville area (Job 4100 - Parcel 2) was adopted. Motion approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen NOES: Members: None ABSENT: Members: Boneysteele 3. Authorization was given for P.A. 85-21 (Pleasant Hill) and P.A. 85-22 (Alamo) to be included in a future formal annexation to the District. Motion approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen Members: None ABSENT: Members: Boneysteele 4. Quitclaim sewer easement, Job 1618, portion of Parcel Pleasant Hill area (Resolution No. 85-116) was approved. 4, Motion approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen Members: None ABSENT: Members: Boneysteele s. November 7, 1985, was established as the date for a public hearing to consider adoption of an ordinance compiling and ~~,i~ t..~V ,.... '~lf7 8'5 24 codifying the existing ordinances of the District by reference as the Central Contra Costa Sanitary District Code. Motion approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen NOES: Members: None ABSENT: Members: Boneysteele CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None VI. ADMINISTRATIVE 1. ADOPTION OF DISTRICT BOARD MEETING PROCEDURES AND NEW FORMAT FOR DISTRICT BOARD MEETING AGENDA Mr. Dolan, General Manager-Chief Engineer, stated that the proposed modification to the District Board meeting procedures and agenda format before the Board for consideration is the work of a committee comprised of John Clausen, Jim Hazard, Kent Alm, Paul Morsen, and Joyce McMillan. We would be happy to respond to any questions. President Pro Tem Carlson stated that he would feel more comfortable not having a written policy since it is the Chair's prerogative to recognize members of the public wishing to address the Board. Following further discussion, President Pro Tem Carlson stated that since the majority of the Board is in favor of the proposed procedures and agenda format, he would support implementation on a trial basis. It was moved by Member Dalton and seconded by Member Schmidt, that the following District Board meeting procedures and format be approved: 1) As required by law, at all public hearings members of the public will be afforded a reasonable opportunity to be heard. Those in favor of the item on the agenda shall speak fi rst and those opposed second. If the public hearing is an application, the applicant shall have a right of rebuttal. 2) Written correspondence will be calendared under "Correspondence" on the District Board agenda. The statement that appears at the top of the agenda shall be modified to read: "In order to give the Board and staff sufficient time to gather all avail abl e facts, members of the public wishing to discuss or present a matter(s) other than on this agenda, are requested to present the subject in writing to the Secretary of the District at least one week prior to a regular Board meeting date." Public comments at the Board meeting shall be limited to five minutes per person requesting an opportunity to address the Board. 3) A new item entitled "Public Comments" will be added to the District Board agenda immediately following "Roll Call" together with the parenthetical note: "With the exception of any public hearing listed, the public may comment on any item on this agenda at this time, prior to the Board's deliberation." Every speaker's comments shall be limited to five minutes per person. 4) Resolution No. 85-117 establ ishing new order of business for District Board meetings was adopted. The above motion was approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen NOES: Membe rs: None ABSENT: Members: Boneysteele 1,0 '1,7 85 25 VII. BUDGET AND FINANCE 1. RECEIVE SEPTEMBER 1985 FINANCIAL STATEMENTS Mr. Dol an, General Manager-Chief Engi neer, introduced Mr. Steven Elsberry, Accounting Supervisor, who highlighted results of Operations and Maintenance for the month of September 1985, noting that expenditures were $96,000 less than budget, representing a 6.3 percent favorable vari ance. The Di strict's temporary investments are currentl y hel d in a treasury note, a Federal National Mortgage Association note, coll ateral ized certificates of deposit, and bankers' acceptances with interest rates rangi ng from 10.6 percent to 7.6 percent. The most current rate is 8.3 percent. Mr. Robert A. Baker, Deputy Chief Engineer, presented a capital project review of District Project No. 4000, Repair Creek Bank at Evergreen Drive. Mr. Baker reported that a budget overrun on thi s project was anticipated due to delays. Mr. Baker said he would present a budget update to the Board at the next meeting. Mr. David Williams, Engineering Division Manager, reviewed District Project No. 20014, 5A-I Seismic Modifications. It was moved by Member Clausen and seconded by Member Schmidt, that the September 1985 Financial Statements be received as presented. There being no objection, the motion was approved with President Boneysteele being absent. VIII. LEGAL/LITIGATION REQUEST TO INCREASE THE AUTHORIZED EXPENDITURE DISTRICT LEGAL SERVICES LEVEL FOR THE 1. This item will be taken out of order following closed session. IX. REAL PROPE RTY 1. APPROVE GRANT OF EASEto£NT AND PURCHASE AGREEto£NT WITH CONTRA COSTA COUNTY FOR CLEAR ZONE (AVIGATION) EASEtENT OVER DISTRICT-OWNED PROPERTY (FORMERLY KIEWIT) Mr. Dolan, General Manager-Chief Engineer, advised that this avigation easement was negotiated between the County and the District to provide avigation rights for Buchanan Field over District property. We were aware of this easement at the time the property was purchased and so advised the Board. Staff feels it is in the best interest of the public to develop Buchanan Field and would recommend approval of the avigation easement. It was moved by Member Dalton and seconded by Member Clausen, that the Grant of Easement and Purchase Agreement between the District and Contra Costa County be approved, the President Pro Tem of the District Board and the Secretary of the District be authorized to execute the Grant of Easement, and the Grant of Easement be delivered to Contra Costa County for their execution and recording (Resolution No. 85-119). Motion approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen Members: None ABSENT: Members: Boneysteele 2. APPROVE THE LEASING OF DISTRICT PROPERTY PARCEL C.2, (NORTHERN PORTION OF FORto£R KIEWIT PROPERTY) APPROXIMATELY 7 ACRES, TO COUNTY QUARRY PRODUCTS Mr. Dolan, General Manager-Chief Engineer, presented the staff recommendation that District Parcel C.2 be leased to County Quarry Products for recycling of asphalt and concrete. It was moved by Member Clausen and seconded by Member Dalton, that approval be given for entering into a lease for District Parcel C.2 with County Quarry Products. Motion approved on the following roll call vote: 1(1 1'7' 85 . , , ÆÞ ~" '" "', ',. " i.~ " ", , "'. ' , ',", ~ .,: 26 AYES: Members: Carlson, Dalton, Schmidt, Clausen NOES: Members: None ABSENT: Members: Boneysteele x. ITEMS LATE FOR THE AGENDA 1. QUITCLAIM SEWER EASEMENT, JOB 3896, ALAMO AREA Member Clausen stated that Mr. Brian D. Thiessen, the property owner of the parcels under consideration, is the senior member of the law firm with which he is "of Counsel." Member Cl ausen stated that he has no financial interest in the matter before the Board. It was moved by Member Clausen and seconded by Member Dalton, that the Quitclaim Deed to Brian D. Thiessen, et ux, Job 3896, be approved and the President Pro Tem of the District Board of Directors and the Secretary of the District be authorized to execute said Quitclaim Deed, and that recordings of the Quitclaim Deed be duly authorized (Resolution No. 85-118). There being no objection, the motion was approved with President Boneysteele being absent. XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dol an, General Manager-Chief Engi neer, provi ded a status report of Update '85 scheduled for 10:00 a.m. on October 19,1985. b. Mr. Dolan reported that informative programs on plant and collection systems and nutrient removal were presented at the Water Pollution Control Federation (WPCF) meeting in Kansas City. At the WPCF meeting Mr. Dolan received the Arthur Sidney Bedell Award for services to that organization. c. A report of the Deutscher project and request for condemnation were presented. The Board was advised that this item may appear on the next agenda for Board action. 2. COUNSEL FOR THE DISTRICT Receipt of a letter from the Danvil1e Community Development Agency regarding the proposed Downtown Redevelopment Project No.1 and the accompanying documents transmitted pursuant to Section 33327 of the California Community Redevelopment Law was acknowledged. Joyce McMillan was desi gnated as the contact person and staff was di rected to noti fy Danville Community Development Agency. 3. SECRETARY OF THE DISTRICT a. It was moved by Member Cl ausen and seconded by Member Dal ton, that Resolution Nos. 85-106, 85-107, 85-108, 85-109, 85-110, and 85-111 honoring service award recipients be adopted. Motion approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None It was noted for the record, that President Boneysteele had previously requested that his vote in favor of the above motion be recorded. b. The Training/Conference Summary for the period July-September 1985 was distributed. 4. BOARD MEMBERS a. Member Dalton requested and received permission to be excused from the remainder of the meeting due to illness. 1 0:' ,': 1 '7 . 85 27 b. Contingent upon approval by President Boneysteele, it was determined that the November 21, 1985, Board meeting be rescheduled for Tuesday, November 19, 1985, due to a conflict with the quarterly CASA meeting. XII. MATTERS FROM THE BOARD NOT ON THE AGENDA None XIII. CLOSED SESSION 1. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The titles of the litigation di scussed were: a. CCCSD v. CCWD/Alum Sludge Contra Costa County Superior Court No. 253195 b. CCWD v. CCCSD/Water Reclamation Contra Costa County Superior Court No. 258786 c. Edmonston v. CCCSD Contra Costa County Superior Court No. 240998 d. Great American Homes v. CCCSD Contra Costa County Superior Court No. 209105 e. McEvoy v. CCCSD Contra Costa County Superior Court No. 216996 f. Williamson v. CCCSD Contra Costa County Superior Court No. 219793 g. Peterson-Simpson v. CCCSD Contra Costa County Superior Court No. 190885 h. CCCSD v. Lewis Contra Costa County Superior Court No. 239772 i. Taggart v. CCCSD Contra Costa County Superior Court No. 243918 j. CCWD v. CCCSD/Water Service District Contra Costa County Superior Court No. 238047 k. Ullery & Warwick v. CCCSD Contra Costa County Superior Court No. 255138 1. Gilmore, McGeehon, Hoyt, et al v. CCCSD Contra Costa County Superior Court No. 242697 m. DeJarnette v. CCCSD Contra Costa County Superior Court No. 187405 n. Lee & Lee v. CCCSD Contra Costa County Superior Court No. 256866 o. Mellon Bank v. Shelter Development v. CCCSD Contra Costa County Superior Court No. 252419 CCCSD v. National Union Contra Costa County Superior Court No. 255498 p. q. Vered v. CCCSD Contra Costa County Superior Court No. 272402 r. ENGEO, Inc. v. CCCSD Contra Costa County Superior Court No. 251036 1 ~l ~~~~ 1 ~ ~ 8 5., , 28 2. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section S4956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary Di strict on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to 1 itigation against the District. The titles of the litigation are not being identified because to do so would jeopardize the Board's ability to conclude existing settlement negotiations to its advantage. 3. INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(c), on the advice of Counsel based on existing facts and circumstances, the Board of Directors of the Central Contra Costa Sanitary District has decided to initiate or is deciding whether to initiate litigation. The titles of the litigation are not being disclosed because to do so would jeopardize the ability of the District to effectuate service of process or to advantageously conclude existing settlement negotiations. At 9:08 p.m., President Pro Tam Carlson declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a), (b), and (c). At 9:47 p.m., President Pro Tem Carlson concluded the closed session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION At this time, Item VIII. Legal/Litigation, was considered. VIII. LEGAL/ LITIGATION REQUEST TO INCREASE THE AUTHORIZED EXPENDITURE DISTRICT LEGAL SERVICES LEVEL FOR THE 1. It was moved by Member Clausen and seconded by Member Schmidt, that an increase to the expenditure level for legal services for O&M and Project-rel ated cases in the amount of $171,400 be authorized. Motion approved on the following roll call vote: AYES: Members: Carlson, Schmidt, Clausen NOES: Members: None ABSENT: Members: Boneysteele, Dalton XV. ADJ OURNMENT There being no further business to come before the Board, President Pro Tem Carlson adjourned the meeting at the hour of 9:48 p.m., to reconvene in Adjourned Regular Session at 10:00 a.m. on October 19,1985. President of the oard 0 ir tors, Central Contra Costa Sanita~ District, County of Contra Costa, Sta of California COUNTERSIGNED: 10~ '.1 7' . 85